The first lawsuits filed over the Indiana State Fair stage collapse could challenge the state's rules on same sex marriage.

Attorney Kenneth Allen said his clients were recently married in Hawaii, a state that allows same sex civil unions. Beth Urschel was injured in the stage collapse. Her spouse, Tammy VanDam, died from the incident.

Allen said the lawsuits address a legal gray area in Indiana.

"Tammy was her wife and Beth is entitled to be treated as any spouse should be treated: fairly, equitably and justly under the law," he said Monday. "That's something we intend to challenge because as it stands now, Indiana law does not recognize her as a spouse and we expect to change that."

Allen said the court is the best place to address the issue because the state legislature hasn't taken action. Allen is seeking more than $50 million in damages on behalf of Urschel and the estate of VanDam.